Juneau Assembly gives greenlight to on-site consumption
Editor’s note: This article has been updated to clarify the American Lung Association’s position on marijuana smoke.
Cannabis retailers in Alaska’s capital city will soon be able to offer spaces for customers to consume cannabis in their stores.
The City and Borough of Juneau Assembly approved an ordinance last week allowing licensed marijuana retail shops to legally open on-site consumption areas. Within Juneau, smoking will be allowed in outside areas only, while edibles can be consumed indoors or outdoors.
The Assembly had been discussing it for a few months, following the Marijuana Control Board’s approval of a regulations package. Lt. Gov. Kevin Meyer signed the initial regulations into law in March, allowing retailers to work on their applications for on-site consumption endorsements to be added to their licenses. The regulations became effective April 11.
However, no one has made it through the rigor of the application process yet. The Alcohol and Marijuana Control Office has received two applications so far, one of which from Fairbanks has gone to the board and was denied at its July meeting, wrote AMCO Executive Director Erika McConnell in an email.
The board still has an open regulations project about on-site consumption, which is set to go before the members at the September meeting, she added.
“Since the adoption of the initial regulations, some issues have arisen that need clarity, so the board has opened a new regulations project to do some ‘clean up’ to those regulations,” she wrote. “That project remains open and a revised draft will be provided to the board at the next meeting.”
Under proposed regulations, any retailer can open a consumption space for edibles, but in order to have an outdoor smoking space, the building has to be freestanding. The applicant that was denied, the Fairbanks Cut, made a case to the board that its building is in fact freestanding, as it’s not supported by any other structure and the only other occupants are the landlords. Correspondence from AMCO staff noted that the application would be recommended as not meeting the freestanding requirement.
“We have an agreement with them that our on-site consumption area will only be open when their office hours are closed,” wrote owner Lily Bosshart in a letter to the board. “As such, on-site would be open Monday-Friday from 5:30 p.m.–Midnight, Noon–Midnight Saturday and Sunday. We share the building in a collaborative way and are both on-board with a small on-site area to be built in the parking lot.”
There are a number of other particulars with the on-site consumption endorsements as well, mostly for those who wish to open smoking areas. The regulations require that an outdoor smoking area also include a ventilation system, directing the air outside the building and eliminating the odor by the time it reaches the property line. But the practical application of a ventilation system for an outdoor facility that allows smoking is still a little unclear.
The Legislature passed a statewide ban on smoking in workplaces in 2018 as well. That complicated the debate about whether an indoor smoking area for cannabis was legal, whether the business wanted to allow it or not.
During the Juneau Assembly’s original debate, City Attorney Robert Palmer noted that if the assembly wanted to allow on-site cannabis smoking but not tobacco, the members would have to make a meaningful distinction between cannabis and tobacco.
Before passing the ordinance on July 22, the Assembly members did have a fairly extensive debate to help clarify the differences. Palmer said he thinks the city is fairly clear, given that the memo outlines the various ways this ordinance differentiates marijuana from tobacco.
The outlined points include items like consuming marijuana outdoors still protects workers, complies with indoor secondhand smoke laws in protecting the public, and serves the public interest by providing cruise ship passengers with a legal place to consume. Juneau’s sizeable cruise ship population currently has nowhere to go.
“The big picture is that the assembly in Juneau decided that the smoking of marijuana at licensed retail stores is something lawful they want to allow,” he said.
The main opposition to the legalization of on-site consumption came from the public health community and neighbors concerned about odor and smoke. The American Lung Association in Alaska says exposure to neither tobacco nor marijuana smoke is safe, said spokesperson Ashley Peltier in a written statement.
“To fully protect our public health, we support and advocate for smokefree indoor and outdoor environments, and believe that everyone has the right to breathe smokefree air, which includes air free from marijuana smoke,” she wrote.
Elizabeth Earl can be reached at [email protected].